The Trademark Application Process in Canada

If there is one question I get asked every week, it is “what is the process to apply for a trade-mark in Canada?”.  Today’s blog post will answer that question.

1. Application

The application is the first step in the process.  You and your agent will sit down together to determine the goods and services that you are going to claim, and what type of claims you are going to make (i.e. “use” or “proposed use”, among others).  Once you are satisfied with the application’s contents, your agent will assist you by filing the application online.

2.  Formalization (typically 2-3 months from application date)

Once the application is received by the Canadian Intellectual Property Office (CIPO) they will examine it to ensure that it contains all the required information.  If it does, it will be formalized and entered into the database as a pending application.

3.  Examination (typically 6-12 months from application date)

A CIPO examiner will assess your application on several criteria.  For the purposes of this article, we will not explore each head of examination.  Suffice it to say, that if the examiner takes issue with any aspect of your application, your agent will receive a letter advising the agent of the application’s issues.  Your agent will work through the issues with you and provide a response to the examiner. 

4.  Approval (typically 6-15 months from application date)

If the examiner is satisfied that your application should move forward, your agent will receive a letter notifying them that the application has been approved for advertising.

5.  Advertising (typically 6-15 months from application date)

Your trade-mark will be published in the trade-marks journal for a period of two months.  During Advertising, an interested member of the public can object to the registration of your trade-mark.  If this occurs, your application has now become involved in an objection proceeding, and must pass that proceeding before it will move forward (I will write an article on objection proceedings in the future). 

6.  Allowance (typically 12-18 months from application date)

If your application passed Advertising without issue, your agent will receive notice that the trade-mark has been allowed, and that upon payment of final registration fees, your trade-mark will issue.

As you can see, there are many potential pitfalls in the application process.  That is why it is best to retain the services of a registered trade-mark agent to assist you in the process.